Sarraf’ın Davanın Düşmesi Talebi Kabul Edilmedi

saraffNew York’ta tutuklu olarak yargılanan Rıza Sarraf’ın mahkemeye yaptığı başvuruyla, hakkında hazırlanan iddianamenin reddedilip davanın düşürülmesi talebi kabul edilmedi.

New York Güney Bölgesi Federal Mahkeme Hakimi Richard Berman, Sarraf’ın geçtiğimiz aylarda yaptığı başvuruyu 36 sayfalık gerekçeli kararında geri çevirdi.

Berman kararında Sarraf’ın, iddianamesinde yer alan, işlediği iddia edilen suçların ABD’de dışındaki ülkelerde işlenmiş olsa bile doğrudan bu ülkeyi ilgilendiren suç nitelikleri nedeniyle davanın Amerikan federal yargı sisteminde görülebileceğine karar verdi.370c8e53-7cfd-42f7-9d5b-d1326696be68_w610_r1_s

 

Berman gerekçeli kararında, Sarraf’ın ABD’de yargılanamayacağı yönünde yaptığı itirazı, şimdiye kadar yurtdışında işlenmiş benzeri suçlarla açılan ABD’de açılan çeşitli davaları örnek göstererek açıkladı.

‘İddianamenin düşürülmesi için neden yok’

Hakim Berman, Sarraf’a yöneltilen suçlamalarda kara para akladığının iddia edildiği, kullanılan bankalar aracılığıyla bu suçun doğrudan ABD’yi de ilgilendirdiğini savundu.

Kararda bir iddianamenin düşürülmesi için çok güçlü hukuki gerekçeler olması gerektiği belirtildi.

Sarraf’ın yaptığı başvuruda iddia ettiği kriterlerin iddianamenin düşmesini gerektirecek hukuki niteliklere sahip olmadığı öne sürüldü.

Sarraf, mahkemeye yaptığı başvuruda işlediği iddia edilen suçların ABD ile ilişkisi olmadığını savunmuş ve Amerikan mahkemelerinde yargılanamayacağını öne sürerek davanın düşmesini istemişti.

Sarraf’ın, mahkemeye ilk yakalandığı sırada kişisel cep telefonundan FBI ajanları tarafından alınan kişisel bilgilileriyle ilgili delillerin geçersiz olduğu yönündeki itirazının ise 36 sayfalık gerekçeli kararda değerlendirilmediği görüldü.

Savcı Bharara Twitter hesabından duyurdu

New York Güney Bölgesi Başsavcısı Preet Bharara, Hakim Berman’ın Sarraf’ın davasının düşürülmesiyle ilgili ret kararını Twitter hesabından takipçileriyle paylaştı.
Sarraf, daha önce mahkeme hakimi Berman için reddi hakim talebinde bulunmuştu. Sarraf, hakimin Türkiye’de Gülen ile ilişkili bir hukuk firması aracılığıyla Türkiye’ye gittiğini katıldığı sempozyumda yaptığı konuşmasıyla tarafsızlığını yitirdiğini iddia etmişti. Sarraf’ın, reddi hakim talebi hakim tarafından liyakattan yoksun olduğu ve zamanlamasının yanlış olduğu gerekçesiyle ret edilmişti. Kararda Türkiye’deki darbe girişiminden doğan ve bu daveti yapan avukatlık firmasının ‘FETÖ’ ile bağlantısı olmasının, ABD’de süren bir davayla hiç bir ilişkisi olamayacağına hükmedilmişti.

VOAsaraff

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